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Deposit for a job

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  • 23-03-2018 6:20pm
    #1
    Trynasurvive
    Registered Users Posts: 6 ✭


    Alright lads? I done a job for lad which is complete, i cant put i up until during the week and rang him to say so, thats when he said to cancel it. Now i understand his crustration as i was supposed to have them done weeks ago but just didnt have the time as im an apprentice and a father so my time does be limited. He is demanding his deposit back which i think im entitled to keep as it covered the cost of material, am i roght in doin so as he is threatining me with court, should i be worried? Thanks


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    #2
    dudara
    Registered Users Posts: 33,518 ✭✭✭✭dudara


    Not really a Consumer Issue as you are a supplier. Moving instead to E&BM

    Did you have any written agreement in place with the customer?

    dudara


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    #3
    robarmstrong
    Registered Users Posts: 1,598 ✭✭✭robarmstrong


    Was he made aware that he'd lose his deposit? If so then I don't think he has a case tbh.. As long as you have it in writing that he would lose his deposit upon cancellation and he agreed you should be okay.. otherwise someone else here more suitable than myself would be able to answer you better.


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    #4
    Asus X540L
    Registered Users Posts: 1,448 ✭✭✭Asus X540L


    Sounds like it's a nixer so it's up to you if you wanna keep it or not

    There's no legal precedent here I think


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    #5
    Trynasurvive
    Registered Users Posts: 6 ✭Trynasurvive


    dudara wrote: »
    Not really a Consumer Issue as you are a supplier. Moving instead to E&BM

    Did you have any written agreement in place with the customer?

    dudara

    Nowritten aggreement as it was cash for the job


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    #6
    Trynasurvive
    Registered Users Posts: 6 ✭Trynasurvive


    robarmstrong wrote: »
    Was he made aware that he'd lose his deposit? If so then I don't think he has a case tbh.. As long as you have it in writing that he would lose his deposit upon cancellation and he agreed you should be okay.. otherwise someone else here more suitable than myself would be able to answer you better.
    I didnt tell him as i didnt think it was nessecary, i think its a scare tactic on his behalf because im willin to finish the job but he wants to cancel


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    #7
    lalababa
    Registered Users Posts: 1,735 ✭✭✭lalababa


    Trynasurvive wrote: »
    Alright lads? I done a job for lad which is complete, i cant put i up until during the week and rang him to say so, thats when he said to cancel it. Now i understand his crustration as i was supposed to have them done weeks ago but just didnt have the time as im an apprentice and a father so my time does be limited. He is demanding his deposit back which i think im entitled to keep as it covered the cost of material, am i roght in doin so as he is threatining me with court, should i be worried? Thanks

    What are you trying to say? What was the deposit for?


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    #8
    Trynasurvive
    Registered Users Posts: 6 ✭Trynasurvive


    Asus X540L wrote: »
    Sounds like it's a nixer so it's up to you if you wanna keep it or not

    There's no legal precedent here I think

    It is a nixer, would i be wise to seek legal advice?


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    #9
    Hitman3000
    Closed Accounts Posts: 5,596 ✭✭✭Hitman3000


    Trynasurvive wrote:
    Nowritten aggreement as it was cash for the job


    Do you place a value on your name? Very hard to stay in business if you attract a name as a chancer or bluffer.


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    #10
    Trynasurvive
    Registered Users Posts: 6 ✭Trynasurvive


    lalababa wrote: »
    What are you trying to say? What was the deposit for?

    To cover the cost of material so i wouldnt be lect in a hole


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    #11
    Ultimate Seduction
    Closed Accounts Posts: 4,464 ✭✭✭Ultimate Seduction


    You admit yourself, it was supposed to be done weeks ago. It's hardly his problem you have kids or whatever. Why did you take on the job, I'm sure you were only an apprentice and father then too. Your on the right track to becoming a stereotypical "cowboy" tradesman anyway. Give the man his money and move on.


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    #12
    minikin
    Registered Users Posts: 2,980 ✭✭✭minikin


    Can you re-use materials / sell on what you've made to someone else?
    (not clear what you do)


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    #13
    lalababa
    Registered Users Posts: 1,735 ✭✭✭lalababa


    Trynasurvive wrote: »
    To cover the cost of material so i wouldnt be lect in a hole

    It all boils down to the timeframe agreed to completely finish the job. If verbal contract with customer expressly stipulated the job had to be 100% complete by x date and it wasn't, then give deposit back. If not don't.


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    #14
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    Trynasurvive wrote: »
    I done a job for lad which is complete, i cant put i up until during the week and rang him to say so, thats when he said to cancel it. Now i understand his crustration as i was supposed to have them done weeks ago
    So not only are you a few weeks late, but when you have it completed, you still won't put it up?

    I don't blame your client for cancelling the job, because as far as he's concerned, you still haven't done what you said you'd do. And he probably wants his deposit back for that reason.


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    #15
    Trynasurvive
    Registered Users Posts: 6 ✭Trynasurvive


    the_syco wrote: »
    So not only are you a few weeks late, but when you have it completed, you still won't put it up?

    I don't blame your client for cancelling the job, because as far as he's concerned, you still haven't done what you said you'd do. And he probably wants his deposit back for that reason.
    I have no bother putting it up i just cant do it till during the week, anyway i decided im gonna return the deposit as its the right thing to do and id be the same if i was him


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    #16
    antoinolachtnai
    Registered Users Posts: 9,793 ✭✭✭antoinolachtnai


    If the purchaser is a consumer (not a business) then it is fairly open and shut. You have not delivered an adequate level of service to meet your obligations under the consumer protection legislation. (It would be different if the delays were the result of difficulties sourcing materials or the job being more complex than expected but they weren't. The problem is that you failed to deliver.

    If the purchaser is a business, it is a little tougher. But you are still in a really bad position. If he wanted, I suppose he could sue you and seek specific performance. That would obviously not be too good.

    I would pay him back the deposit or somehow try to make it up to him.


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    #17
    martyoo
    Closed Accounts Posts: 872 ✭✭✭martyoo


    Your name is everything. It can be ruined very easily. Better just to give it back.


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    #18
    Avatar MIA
    Closed Accounts Posts: 6,750 ✭✭✭Avatar MIA


    Personally I'd leave him have the 'product' for the deposit value. That way you've covered your materials and the purchaser has got compensation for the time slippage.


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    #19
    Dog walker 1234
    Registered Users Posts: 1,283 ✭✭✭Dog walker 1234


    IMHO there is fault on both sides. The OP is at fault for not being on time with the delivery of the service. However surely the recipient should have asked for the deposit back if they were not happy with the ongoing delay?

    It sounds to me like the recipient is within the letter of the law but have contributed to the issue.


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    #20
    duffman13
    Registered Users Posts: 8,952 ✭✭✭duffman13


    Avatar MIA wrote: »
    Personally I'd leave him have the 'product' for the deposit value. That way you've covered your materials and the purchaser has got compensation for the time slippage.

    This is the Best solution. You'll potentially enhance your name and if materials were expensive you'll not be out of pocket other than your own labour


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